Terms & Conditions
Shrutinandan is a Kolkata, India based company committed to promoting the fair trade of
music by and for artists and fans via the Internet. The www.ajoychakrabarty.com Web Site
(the "Site") offers artists the opportunity to promote their music and fans the opportunity to
download music on the site as well as on other sites designated by artists and fans (the
"Site Services"). The site and the site services are offered to you subject to these terms and
conditions of use (these "site terms"). Please read these site terms carefully before using
this site and the site services. By accessing or using the site and/or the site services, you
explicitly agree to comply with and be bound by these site terms and any policies that may
be incorporated by reference herein. If you do not agree to all provisions of these site terms,
do not use the site or the site services.
Privacy Policy
Please refer to www.ajoychakrabarty.com Privacy Policy, which is incorporated herein by
this reference, for information on how www.ajoychakrabarty.com collects, uses and
discloses personally identifiable information, non-personally identifiable information, and
aggregate information from its users. If any conflict exists between the Site Terms and our
Privacy Policy, the Site Terms shall prevail. Additionally, by using the Site, you acknowledge
and agree that Internet transmissions are never completely private or secure. You
understand that any message or information you send to the Site may be read or
intercepted by others, even if there is a special notice that a particular transmission is
encrypted.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content
contained herein, including, without limitation, the www.ajoychakrabarty.com logo and all
designs, text, photos, graphics, pictures, artwork, information, data, code, software, music,
sound files, other files, and materials ("Content") and the selection and arrangement thereof
(collectively, the "Site Content") are the proprietary property of www.ajoychakrabarty.com or
its licensors or suppliers and are protected by Indian and international copyright laws.
Trademarks www.ajoychakrabarty.com logo and all other product or service names or
slogans or artwork displayed on the Site are registered and/or common law trademarks of
www.ajoychakrabarty.com and/or its suppliers or licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of
www.ajoychakrabarty.com or the applicable trademark holder. In addition, the look and feel
of the Site, including all page headers, custom graphics, button icons and scripts, are the
service mark, trademark and/or trade dress of www.ajoychakrabarty.com and may not be
copied, imitated or used, in whole or in part, without the prior written permission of
www.ajoychakrabarty.com. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Site are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name,
trademark, record label and supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by www.ajoychakrabarty.com.
Limited License
Subject to the terms, conditions and restrictions set forth in these Site Terms,
www.ajoychakrabarty.com grants you a limited, non-exclusive, personal, non sublicensable
and revocable license to access and use the Site and to view, copy, and print portions of the
Site Content (the "License"). The License is specifically conditioned upon the following: (i)
you may only view, copy and print portions of the Site Content for your own informational,
personal and non-commercial use; (ii) you may not modify or otherwise make derivative
uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of
Site Content must be marked © 2015 - 2016, www.ajoychakrabarty.com and its licensor. All
rights reserved.``; (iv) you may not remove or modify any copyright, trademark, or other
proprietary notices that have been placed in the Site Content; (v) you may not use any data
mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site
or the Site Content other than for its intended purpose; and (vii) you may not reproduce,
prepare derivative works from, distribute or display the Site or any Site Content, except as
provided herein. Except as expressly permitted above, any use of any portion of the Site or
Site Content without the prior written permission of www.ajoychakrabarty.com is strictly
prohibited and will terminate the License. Your unauthorized use of the Site or Site Content
may violate applicable laws including, without limitation, copyright and trademark laws and
applicable communications regulations and statutes. Except as expressly stated in these
Site Terms, you are not conveyed or granted, and nothing on the Site may be construed as
conveying or granting any right or license, by implication, estoppel or otherwise, in or under
any patent, trademark, copyright, or other intellectual or proprietary right of
www.ajoychakrabarty.com or any third party. You represent and warrant that your use of the
Site and the Site Content will be consistent with the License and will not infringe,
misappropriate or violate the rights of www.ajoychakrabarty.com or any other party or
breach any contract or legal duty to www.ajoychakrabarty.com or any other party, or violate
any law. You expressly agree to indemnify www.ajoychakrabarty.com against any liability to
any person arising out of your use of the Site or Site Content.
Copyright Complaints
If you believe that material posted on the Site infringes upon any copyright that you own or
control, or that any link on the Site directs users to another Web site that contains materials
that infringes upon any copyright that you hold or control, you may file a notification of such
infringement as set forth below:
Contact of Director of Content to Whom Notification Should be Sent:
Director of Content, www.ajoychakrabarty.com, INDIA
Email Address: mfasnonline@gmail.com
Any notification must include the following information:
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a
representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing and where it is located on the Site.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner, or are authorized to act on the copyright
owner's behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on
the copyright owner's behalf.
We may give notice of a claim of copyright infringement to our users by means of a general
notice on the Site, electronic mail to a user's email address in our records, or by written
communication sent by first-class mail to a user's address in our records.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law,
www.ajoychakrabarty.com has adopted a policy of terminating, in appropriate circumstances
and at www.ajoychakrabarty.com's sole discretion, subscribers or account holders who are
deemed to be repeat infringers. www.ajoychakrabarty.com may also at its sole discretion
limit access to the Site and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
You agree to: (a) provide accurate, current and complete information about you as may be
prompted by any registration forms on the Site ("Registration Data"); (b) maintain the
security of your password; (c) maintain and promptly update the Registration Data, and any
other information you provide to www.ajoychakrabarty.com, and to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to the Registration Data and
any other information you provide to www.ajoychakrabarty.com.
WARRANTY DISCLAIMER
Except as expressly provided to the contrary in a writing by www.ajoychakrabarty.com, the
site, the materials contained therein and the site content and site services provided on or in
connection therewith are provided on an "as is" basis without warranties of any kind, either
express or implied.www.ajoychakrabarty.com expressly disclaims all other warranties,
express or implied, including without limitation implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement as to the site, site content, site services,
and any materials on the site. www.ajoychakrabarty.com does not represent or warrant that
the site, site content, site services or materials in the site or the services are accurate,
complete, reliable, current or error-free, and expressly disclaims any warranty or
representation as to the accuracy or proprietary character of the site, the site services or the
site content or any portion thereof.
www.ajoychakrabarty.com is not responsible for typographical errors or omissions relating
to text, photography, sound recordings, artwork, or any other materials on the site or
interactive areas. Whilewww.ajoychakrabarty.com attempts to make your access to and use
of the site, the site content, and the site services safe, www.ajoychakrabarty.com cannot
and does not represent or warrant that the site or its server(s) are free of viruses or other
harmful components; therefore, you should use industry-recognized software to detect and
disinfect viruses.
Limitation of liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever
against www.ajoychakrabarty.com, its affiliates, or their respective directors, officers,
attorneys, employees or agents arising out of or in any way relating to your use of the site,
site content, the site services or the materials contained in or accessible through the site,
including, without limitation, any claims or allegations relating to the alleged infringement of
proprietary rights, alleged inaccuracy of site content, or allegations that
www.ajoychakrabarty.com has or should indemnify, defend or hold harmless you or any
third party from any claim or allegation arising from your use or other exploitation of the site.
You use the site, the site content, and the site services at your own risk.
Without limitation of the foregoing, neither www.ajoychakrabarty.com nor any parties
providing site content shall be liable for any direct, special, indirect or consequential
damages, or any other damages of any kind, including but not limited to loss of use, loss of
profits or loss of data, whether in an action in contract, tort (including but not limited to
negligence) or otherwise, arising out of or in any way connected with the use of the site, the
site content or the site services or the materials contained in or accessible through the site,
including without limitation any damages caused by or resulting from your reliance on any
site content or other information obtained from www.ajoychakrabarty.com or accessible via
the site or site services, or that result from mistakes, errors, omissions, interruptions,
deletion of files or email, defects, viruses, delays in operation or transmission or any failure
of performance, whether or not resulting from acts of god, communications failure, theft,
destruction or unauthorized access to www.ajoychakrabarty.com 's site, site content, site
services, or any other programs or services.
In no event shall the aggregate liability of www.ajoychakrabarty.com, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed), product liability,
strict liability or other theory, arising out of or relating to the use of the site exceed any
compensation you pay, if any, to www.ajoychakrabarty.com for access to or use of the site,
the site content or the site services.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, some of the above limitations may not apply to you.
Applicable Law and Venue
You explicitly agree that all disputes, claims or other matters arising from or relating to your
use of the Site will be governed by the laws of the State of Tennessee, without regard to its
conflicts of law principles. You agree that all claims you may have against
www.ajoychakrabarty.com arising from or relating to the Site, including without limitation the
Site Content or the Site Services, will be heard and resolved in a court of competent subject
matter jurisdiction located in Davidson County, Tennessee. You consent to the personal
jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding
in such courts, and covenant not to assert any objection to proceeding in such courts. If you
choose to access the Site from locations other than Davidson County, Tennessee, you will
be responsible for compliance with all local laws of such other jurisdiction.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, www.ajoychakrabarty.com reserves the
right, without notice and in its sole discretion, without any notice or liability to you, to (a)
terminate your license to use the Site, Site Content, Site Services, or any portion thereof; (b)
block or prevent your future access to and use of all or any portion of the Site, Site Content
or Site Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or
Site Services; and (d) impose limits on the Site, Site Content or Site Services.
Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Site Terms and
shall not affect the validity and enforceability of any remaining provisions.
Modifications to the Site Terms
www.ajoychakrabarty.com reserves the right to change or modify any of the terms and
conditions contained in the Site Terms, or any policy of the Site, at any time and in its sole
discretion. Unless otherwise specified, any changes or modifications will be effective
immediately upon posting of the revisions on the Site, and your continued use of the Site or
the Site Services will constitute your acceptance of such changes or modifications. You
should review the Site Terms and its incorporated policies from time to time to understand
the terms and conditions that apply to your use of the Site and the Site Services. If you do
not agree to any amended terms, do not use the Site or the Site Services.